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Administrative Regulations

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Submitted By Spydey
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1. State the administrative agency which controls the regulation.

Explain why this agency and your proposed regulation interests you (briefly). Will this proposed regulation affect you or the business in which you are working? If so, how? Submit a copy of the proposed regulation along with your responses to these five questions. The proposed regulation can be submitted as either a separate Word document (.doc) or Adobe file (.pdf). This means you will submit two attachments to the Week 2 Dropbox: (1) a Word doc with the questions and your answers and (2) a copy of the proposed regulation you used for this assignment. (10 points)

Federal Department of Energy – I have always been interested in the stock market and companies that are in secret trade deals. Also, understanding how trade secrets and “privileged” information is supposed to be kept from the public.

2. Describe the proposal/change. (10 points)

The proposal proposes to standardize across its various programs procedures for the submission and protection of trade secrets and commercial or financial information that is privileged or confidential. These changes require at the time of submission, to identify and assert a claim of exemption regarding information it considers to be trade secrets or commercial or financial information that is privileged or confidential such that the information would be exempt from disclosure under the Freedom of Information Act. Also, on each page containing such data, there must be specific identification, marked by text: “May contain trade secrets or commercial or financial information that is privileged or confidential and exempt from public disclosure.”

3. Write the public comment which you would submit to this proposal. If the proposed regulation deadline has already passed, write the comment you would have submitted. Explain briefly what you wish to accomplish with your comment. (10 points)

My comment: This rule may do more harm than good. Even though you’re trying to make this data known, for whatever reason, the data is being magnified for anybody that may view the information that shouldn’t be viewing it. Information is easily copied, hacked, viewed, etc. The last thing that you would want to do is make the information obvious to the untrained eye.
I wish to bring understanding to the point that this procedure may do a lot of harm as well as “satisfy” their want to have information stand out.

4. Provide the "deadline" by which the public comment must be made. (If the date has already passed, please provide when the deadline was). (5 points)

This expires on 4/11/11.

5.
a. Once you have submitted your comment, what will you be legally entitled to do later in the promulgation process (if you should choose to do so)? (See the textbook's discussion of the Administrative Procedure Act.)
b. If the proposal passes, identify and explain the five legal theories you could use in an attempt to have the regulation declared invalid and overturned in court.
c. Which of these challenges would be the best way to challenge the regulation you selected for this assignment if you wanted to have the regulation overturned and why?
Answer all of these questions for #5 even if you are in favor of your proposed regulation. The response to question 5 should be a minimum of 2-3 paragraphs long. (15 points)

After submission of the comment, during the promulgation process, there is another step that can be done to solidify the comment on the proposal. The public is entitled to a display at a public hearing as well. This way, additional input on the proposal, as well as other considerations on additional evidence can be documented. Not all agencies hold public hearings, but those that do look at these new factors an determine if they are relevant to the validity of the proposal.

If the proposal passes, there are a few theories that can be used to challenge the regulation, in hopes to declare it invalid or get it overturned. These are as follows: regulation is arbitrary or capricious, the substantial evidence test, ultra vires, and sunset law. If there is no supporting evidence initially, the regulation will be deemed arbitrary or capricious. This is usually in informal rulemaking.

1. arbritrary or capricious
2. substantial evidence test
3. ultra vires
4. sunset law

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